| IN THE MATTER OF MICHAEL ARGENTIERI V SUSAN CONNELL, SUPERINTENDENT, ONEIDA CORRECTIONAL FACILITY |
| Motion No: TP 11-00304 |
| Slip Opinion No: 2011 NY Slip Op 75044(U) |
| Decided on June 7, 2011 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. TP 11-00304
| IN THE MATTER OF MICHAEL ARGENTIERI, PETITIONER, V SUSAN
CONNELL, SUPERINTENDENT, ONEIDA CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved to vacate the dismissal of this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 20, 2010,
Now, upon reading and filing the affidavit of Michael Argentieri sworn to April 27, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that petitioner files and serves his brief on or before July 7, 2011, and
It is further ORDERED that, in the event that petitioner's brief is timely filed and served, respondent shall file and serve a brief on or before August 11, 2011, and the Clerk is directed to accept the brief for filing.
Entered: June 7, 2011
Patricia L. Morgan, Clerk